152Section 152 NR 512.13 (1) (intro.) and (2) are amended to read: NR 512.13 (1) Locational criteria and performance standards. A demonstration that the proposed landfill will meet the locational criteria and performance standards under s. NR 504.04, including documentation of abandoned water supply wells located within 1,200 feet of the proposed limits of waste. The documentation shall include a copy of the well abandonment report, if available, or, if a well abandonment report cannot be found, other evidence that demonstrates that it is likely the well no longer exists. If the applicant requests any exemptions to the locational criteria and performance standards listed under s. NR 504.04, justification for the request shall be provided in the narrative section of the feasibility report. For a new CCR landfill or an expansion of a CCR landfill, all of the following also apply: (2) Geotechnical information. An analysis of the geologic, hydrogeologic, topographic, and hydrologic features of the facility that may be favorable or unfavorable for landfill development. For a proposed vertical-only expansion, the analysis may be limited to topographic and hydrologic features unless otherwise directed by the department in writing.
153Section 153 NR 512.13 (2m) is created to read: NR 512.13 (2m) Assessment of groundwater standard exceedances. An assessment of whether there is an attainment or exceedance of a preventive action limit or enforcement standard adopted under s. NR 140.10 or 140.12 in baseline or detection groundwater monitoring data, the cause and significance of the attainment or exceedance, and a request for an exemption under s. NR 140.28 and in accordance with s. NR 507.29 for all confirmed attainments or exceedances. 154Section 154 NR 512.13 (4) (intro.) is renumbered (4) and amended to read: NR 512.13 (4) Existing facility performance. For a proposed contiguous, horizontal, or vertical expansion of an existing landfill, the compliance status and performance of the existing landfill and each additional landfill on the property and adjacent properties owned or operated by the applicant shall be evaluated.
155Section 155 NR 512.13 (4) (a) and (b) are repealed.
156Section 156 NR 512.13 (5) is created to read: _Hlk167803519 NR 512.13 (5) Wetlands and surface waters. This section does not apply to storm water management structures such as basins and ditches permitted under ch. NR 216, unless otherwise directed by the department in writing. The feasibility report shall include all of the following documentation: (a) A copy of the assured wetland delineation report or a confirmed wetland delineation report for any wetland potentially impacted by the construction or operation of the proposed facility and one of the following:
1. The wetland permit application under s. 281.36, Stats., and sections 401 or 404 of the federal Clean Water Act (33 U.S.C. 1341 or 1344) for any proposed activities for which a permit is required. 2. A department and U.S. Army Corps of Engineers written determination that a permit is not required for each proposed activity related to each identified wetland.
(b) A copy of the department navigability and ordinary high water mark determination for any areas identified as a surface water or potential surface water and a copy of the surface water permit application under chs. 30 or 281, Stats., for any proposed activities related to a surface water for which a permit is required. (c) Copies of all navigable waters and wetland permits, under chs. 30 or 281, Stats., and section 404 of the federal Clean Water Act (33 U.S.C. 1344) that have been obtained. (d) Copies of any water quality certification under chs. NR 103 and 299 that have been obtained. 157Section 157 NR 512.14 (intro.) is amended to read: NR 512.14 Proposed preliminary design. The feasibility report shall contain a proposed preliminary design based on conclusions outlined in the design constraints section of the feasibility report and in accordance with ch. NR 504. Applicants proposing an alternative design to the requirements contained in ss. NR 504.05, 504.06, 504.07, 504.08, and 504.09 shall include an analysis that predicts whether the proposed landfill will meet or exceed the performance standards of s. NR 504.04 (4) (d) regarding groundwater quality. 158Section 158 NR 512.14 (1) (g) to (h) and (2) (d) are created to read: NR 512.14 (1) (g) Any proposed alternative liner design and alternative final cover design.
(h) For contiguous expansions that include a vertical or horizontal overlay, pipe strength calculations for the leachate collection pipes within the vertical or horizontal overlay area.
(2) (d) If proposed, a plan sheet showing maximum interim waste grades.
159Section 159 NR 512.16 (2) (b) is amended to read: NR 512.16 (2) (b) The changes in aquatic resources including the potential impacts to streams, wetlands, ponds, lakes, and flowages. This discussion shall include the discharge rates and volumes, in relevant quantities for groundwater control structures, leachate collection systems, and storm water control structures under existing conditions as well as that anticipated during active operations and following closure. Information or any reports on how the proposed landfill and soil borrow sources designated to be used in the construction, operation, or closure of the first phase of the proposed landfill comply with s. ss. 30.19, and 281.36, Stats., and ch. NR 103 shall also be included. 160Section 160 NR 512.16 (3) (Note) is created to read: NR 512.16 (3) Note: In accordance with s. 32.035, Stats., an agricultural impact statement (AIS) is required when the project initiator is vested with powers of eminent domain, and the project will take more than 5 acres from any one farm, regardless of land ownership. An AIS may also be required on a project located entirely within the boundaries of a city, village, or town or involving any interest in 5 or fewer acres of any farm operation if the condemnation would have a significant effect on any farm operation as a whole. 161Section 161 NR 512.16 (4) (f) and (5) (Note) are amended to read: NR 512.16 (4) (f) Probable adverse impacts in and around the landfill that cannot be avoided, including groundwater and surface water impacts, modifications of topography and any soil borrow source limitations on development around the landfill, any loss of agricultural or forest land, displacement of wildlife, and adverse aesthetic impacts for people in and around the landfill.
(5) Note: Information provided in previous sections of the initial site report, any pre-feasibility report or feasibility report may be referenced to satisfy this section.
162Section 162 NR 514.04 (1) and (4) are amended to read: NR 514.04 (1) General. No person may establish or construct a landfill or expand a landfill until a plan of operation has been submitted in accordance with s. ss. NR 500.05 and 500.058 and this chapter and has been approved in writing by the department. No person may establish, construct, or close an approved landfill except in accordance with this chapter, s. NR 506.08, and with the approved plan of operation. No person may submit a plan of operation for a new or expanded landfill prior to the submittal of a feasibility report by that person. (4) Completeness. Within 30 days after a plan of operation is submitted or, if the plan of operation is submitted with the feasibility report, within 30 days after the department issues notice that the feasibility report is complete, the department shall provide written notification to the applicant and any other person who has filed a written request for notification whether or not the plan of operation is complete. If the submittal is deemed incomplete, the department will shall specify the information which that shall be submitted before the plan may be deemed complete. The department will shall determine if the plan of operation is complete by determining whether or not the minimum requirements of this chapter have been met and the conditions of any feasibility approval have been met. The department may require the applicant to submit additional information after determining that the plan of operation is complete if the department establishes that the plan of operation is insufficient without the additional information.
163Section 163 NR 514.04 (6m) is created to read: NR 514.04 (6m) Initial site construction approval. After the department has determined the plan of operation is complete, the department may issue an initial site construction approval that allows initiation of construction prior to issuing the plan of operation approval. The initial site construction request shall be submitted independently of the plan of operation and clearly list the construction items to be performed, which may include clearing and grubbing, excavation to sub-base, construction of berms and storm water features, or other items approved by the department in writing.
164Section 164 NR 514.045 (1) (e) (Note) is created to read: 165Section 165 NR 514.05 (3) and (7) are amended to read: NR 514.05 (3) Sub-base grades and base grades. Plan sheets shall be included which that depict the sub-base grades, all sub-base appurtenances such as lysimeters or drain pipes, the underdrain system, and the base grades.
(7) Waste final grades and final topography. A final waste grades plan sheet shall be included to indicate waste final grades, including daily and intermediate cover. A final topography plan sheet shall be included to indicate the appearance of the entire facility following closure including storm water drainage features, and the location of gas extraction wells the location of the gas extraction system, including the gas wells with radius of influence and gas header pipes, and all other penetrations of the final cover.
166Section 166 NR 514.05 (10) (a) 5m. is created to read: NR 514.05 (10) (a) 5m. Underdrain systems.
167Section 167 NR 514.05 (11) is amended to read: NR 514.05 (11) Details. Drawings showing details and typical sections shall be included for storm water control structures; access roads; fencing; final cover and base liner systems; leachate and gas control systems such as pipe bedding, manholes, transfer lines, force mains and storage tanks; leachate transfer lines which that extend through the liner; groundwater and unsaturated zone monitoring devices; and buildings. This plan sheet shall include all other construction details such as leachate and refuse containment berms between subsequent phases of development, tie-in between proposed construction phases of base liner and final cover, and tie-in between existing and proposed base liner and final cover for expansions.
168Section 168 NR 514.06 (3), (4), and (8) are amended to read: NR 514.06 (3) Design rationale. The report shall include a discussion of the considerations and rationale behind design of the discretionary aspects of major engineering features which that are not explicitly required by state or federal regulations or the conditions of the department’s feasibility approval for the landfill. This discussion shall include base grade configuration and relationship to subsurface conditions, underdrain system design, liner design, phases of landfill development and closure, traffic routing, storm water management, erosion, and sediment control measures, gas extraction and treatment systems, final cover systems, and monitoring systems. Specific attention shall be given to sidewall penetrations, sideslope riser and sump area volumes, design and construction, and piping located outside of the limits of filling, alternative liner design, and alternative final cover design. In addressing each of the above design items, the report shall indicate how the anticipated waste types and characteristics influenced the chosen design.
(4) Initial construction. The report shall discuss initial preparations and construction methods relating to clearing and grubbing, topsoil stripping and other excavations; soil storage and visual screening development; storm water control features; underdrain, base liner and granular drainage layers; leachate collection and gas venting systems; access roads and entrance area screening and fencing; environmental monitoring device installation, and other special design features. This discussion shall propose a schedule of field measurements, photographs to be taken, and sampling and testing procedures to be utilized to verify that the infield conditions encountered were the same as those defined in the feasibility report.
(8) Operations. The report shall describe the daily operations including a discussion of the timetable for the construction of each phase of liner or final cover; waste types accepted or excluded; typical waste handling techniques and methods for handling unusual waste types; hours of operation; traffic routing; storm water management; sediment and erosion control; windy, wet and cold weather disposal operations; fire protection equipment; anticipated staffing requirements; methods for vector, dust and odor control; controlling vectors; a dust control plan; an odor control plan; daily cleanup; leachate removal during hours of operation as well as nights, weekends, and holidays; direction of filling; salvaging; record keeping; and parking for visitors, users and employees. The report shall describe any limitations or operational practices necessary due to the presence of other open or closed landfills, demolition landfills, processing facilities, storage facilities, composting facilities or any other solid waste facilities located on the same property.
169Section 169 NR 514.06 (10m) is created to read: NR 514.06 (10m) Phasing table. The report shall include a table that indicates the projected construction events for each phase of liner or final cover, construction year, liner to be added in acres, total liner area in acres, final cover to be added in acres, total final cover area in acres and intermediate cover, and open area in acres.
170Section 170 NR 514.06 (13) and (16) are amended to read: NR 514.06 (13) Specifications. The report shall include specifications for construction, operation, and closure of the landfill. These specifications shall include detailed instructions to the operator and any contractors for all aspects of construction and operation, including construction of alternative liner and alternative final cover. References to specifications on the plan sheets shall be described. This description may include information such as geosynthetic material installation instructions, tank manufacturer installation instructions and pump performance criteria, materials and construction methods for sideslope risers, sidewall penetrations, sump areas, and all piping located outside the limits of filling.
(16) Appendix. An appendix shall be included which that lists the references used and includes any additional data not previously presented, supplemental design calculations, material specifications, operating agreements such as draft leachate treatment agreements or signed soil borrow agreements, documents related to long-term care funding, documents related to placing a notification on the deed of properties with wells within the 1200-foot setback the stormwater pollution prevention plan, and other appropriate information.
171Section 171 NR 514.07 (1) (i) is renumbered NR 514.07 (1) (i) 1. to 2. and amended to read: NR 514.07 (1) (i) 1. A construction quality control plan that will be followed by all contractors preparing the surface of the sub-base, compacted clay liner, or soil barrier layer,; constructing the geomembrane liner; and or placing drainage blanket. The construction quality control plan shall include means for determining and documenting all of the following: receipt
a. Receipt of the proper geomembrane, GCL and geocomposite drain material; acceptable or other geosynthetics proposed for use.
b. Acceptable subgrade and weather conditions for work to occur; seamer.
c. Seamer qualifications and procedures for trial seams; acceptability.
d. Acceptability of test welds and machine settings; acceptable
e. Acceptable seaming practices; achieved.
f. Achieved seam quality and procedures for dealing with failing tests; patching; and sealing.
g. Patching or sealing of geomembrane penetrations.
2. The construction quality control plan shall also describe how progress in construction, as well as any variations from the approved plans, will be recorded and reported.
172Section 172 NR 514.07 (1) (j) and (3) (intro.) are amended to read: NR 514.07 (1) (j) A construction quality assurance plan that will be followed by the registered professional engineer and qualified technician responsible for evaluating the construction and ensuring that the fabrication and installation meet design specifications. The construction quality assurance plan shall include continuous observation of all aspects of geomembrane, GCL, and geocomposite drain, and other geosynthetic installation activities by qualified engineers or technicians. The construction quality assurance plan shall include use of nondestructive and destructive testing of seams and samples and shall propose a schedule of tests and associated frequencies in accordance with those specified in ch. NR 516. The construction quality assurance plan shall include proposed methods of verifying the acceptability of the prepared subgrade, repairs, patches, penetrations, seams, and adaptations by the owner and contractors to unforeseen conditions. The construction quality assurance plan shall include acceptable welding practices for extrusion and fusion welding techniques as well as outlining any visual screening techniques that will be used in the field to determine the quality of a fusion or extraction weld. (3) Closure of landfills with composite liners and composite caps. The plan of operation for any landfill which that accepts municipal solid wastes may propose to delay final cover placement for one or more up to two years after attaining either final waste grades or maximum interim waste grades, if approved by the department under s. NR 514.07 (11), in each phase of closure provided the following requirements are followed: 173Section 173 NR 514.07 (6m) (intro.) is amended to read: NR 514.07 (6m) Contiguous landfill expansions. The plan of operation for any proposed landfill which that is either a vertical or horizontal overlay expansion to an existing approved facility shall include a all of the following:
(am) A summary of all applicable conditions of department issued, chs. NR 500 to 538, approvals or orders that are active and subject to compliance at the time of the plan of operation report submittal. The summary shall be submitted on forms provided by the department and at a minimum shall contain all of the following:
